BT have now lodged an official complaint with regulators Ofcom claiming that BSkyB have shown ‘undue discrimination’ against them by refusing to run the campaign of adverts.

John Petter, managing director of consumer for BT Retail, told the Guardian: ‘We are happy to take Sky’s advertising but they seem afraid of taking ours. It’s like a rottweiler running away from a newborn puppy.’

Host: BT will be home to some of the biggest games in the Premier League

BT spent 738million to take 38 top-flight games next season after the channel launches in July and will also air Premiership Rugby and European Rugby.

But a key part of their strategy of growth is to raise awareness of their new channel by advertising on Sky Sports channels.

The broadcast code states that 'a radio broadcaster must not unduly discriminate between advertisers that seek to have any commercial communication included in its licensed service.'

COMPLAINT FROM BT AGAINST SKY

Ofcom has opened an investigation following a complaint from BT against Sky under Ofcom’s Code on the Prevention of Undue Discrimination between Broadcast Advertisers (“the Code”). Rule 4.1 of the Code states:

'A television broadcaster must not unduly discriminate between advertisers that seek to have advertising included in its licensed service.'

Under section 319 of the Communications Act 2003 ('the Act'), Ofcom has a duty to set standards for the content of programmes to be included in television and radio services, in one or more codes.

Under section 319(2)(k) of the Act, one of the standards objectives Ofcom must secure through such codes is that 'there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services'.